(1) As used in this section:
(a) “Child support judgment” has the meaning given that term in ORS 25.089.
(b) “Governing child support judgment” means a child support judgment issued in this state that addresses both monetary support and a health benefit plan under ORS 25.321 to 25.343 and is entitled to exclusive prospective enforcement or modification with respect to any earlier child support judgment issued in this state.
(2) Notwithstanding any other provision of this section or ORS 25.089, when two or more child support judgments exist involving the same obligor and child and one or more of the judgments was issued by a tribunal of another state, the court shall apply the provisions of ORS chapter 110 before enforcing or modifying a judgment under this section or ORS 25.089.
(3) When two or more child support judgments exist involving the same obligor and child and the same period, any party to one or more of the child support judgments or the administrator, under ORS 416.448, may file a petition with the court for a governing child support judgment under this section. When a matter involving a child is before the court and the court finds that two or more child support judgments exist involving the same obligor and child and the same period, the court on its own motion, and after notice to all affected parties, may determine the controlling terms of the child support judgments and issue a governing child support judgment under this section.
(4) When two or more child support judgments exist involving the same obligor and child and the same period, and each judgment was issued in this state, there is a presumption that the terms of the last-issued child support judgment are the controlling terms and terminate contrary terms of each earlier-issued child support judgment, except that:
(a) When the last-issued child support judgment is silent about monetary support for the benefit of the child, the monetary support terms of an earlier-issued child support judgment continue; and
(b) When the last-issued child support judgment is silent about a health benefit plan under ORS 25.321 to 25.343 for the benefit of a child, the health benefit plan terms of an earlier-issued child support judgment continue.
(5) A party may rebut the presumption in subsection (4) of this section by showing that:
(a) The last-issued child support judgment should be set aside under the provisions of ORCP 71;
(b) The last-issued child support judgment was issued without prior notice to the issuing court, administrator or administrative law judge that:
(A) There was pending in this state or any other jurisdiction any type of support proceeding involving the child; or
(B) There existed in this state or any other jurisdiction another child support judgment involving the child; or
(c) The last-issued child support judgment was issued after an earlier child support judgment and did not enforce, modify or set aside the earlier child support judgment in accordance with ORS 25.089.
(6) When a court finds that two or more child support judgments exist involving the same obligor and child and the same period, and each child support judgment was issued in this state, the court shall set the matter for hearing to determine the controlling terms of the child support judgments. When the child support judgments were issued in different counties of this state, the court may cause the records from the original proceedings to be transmitted to the court in accordance with ORS 25.100.
(7) Following a review of each child support judgment and any other evidence admitted by the court:
(a) The court shall apply the presumption in subsection (4) of this section, unless the presumption is rebutted, and shall determine the controlling terms of the child support judgments; and
(b) Notwithstanding ORS 25.089 (3), the court shall issue a governing child support judgment addressing both monetary support and a health benefit plan under ORS 25.321 to 25.343 for the benefit of the child.
(8) The governing child support judgment must include:
(a) A reference to each child support judgment considered and a copy of the judgment;
(b) A determination of which terms regarding monetary support and a health benefit plan under ORS 25.321 to 25.343 are controlling and which child support judgment or judgments contain those terms;
(c) An affirmation, termination or modification of the terms regarding monetary support and a health benefit plan under ORS 25.321 to 25.343 in each of the child support judgments;
(d) Except as provided in subsection (9) of this section, a reconciliation of any monetary support arrears or credits under all of the child support judgments; and
(e) The effective date of each controlling term and the termination date of each noncontrolling term in each of the child support judgments. In determining these dates, the court may apply the following:
(A) A controlling term is effective on the date specified in the child support judgment containing that term or, if no date is specified, on the date the child support judgment was entered as described in ORS 18.075.
(B) A noncontrolling term is terminated on the date the governing child support judgment is entered as described in ORS 18.075.
(9) The court may order the parties, in a separate proceeding under ORS 25.167 or 416.429, to reconcile any monetary support arrears or credits under all of the child support judgments.
(10) When the governing child support judgment is entered as described in ORS 18.075, the noncontrolling terms of each earlier child support judgment regarding monetary support or a health benefit plan under ORS 25.321 to 25.343 are terminated. However, subject to subsection (11) of this section, the entry of the governing child support judgment does not affect any support payment arrearage or any liability related to health benefit plan coverage that has accrued under a child support judgment before the governing child support judgment is entered.
(11) For purposes of reconciling any monetary support arrears or credits under all of the child support judgments, amounts collected and credited for a particular period under one child support judgment must be credited against the amounts accruing or accrued for the same period under any other child support judgment.
(12) Not sooner than 30 days and not later than 60 days after entry of the governing child support judgment, a party named by the court, or the petitioner if the court names no other party, shall file a certified copy of the governing child support judgment with each court or the administrator that issued an earlier child support judgment. A party who fails to file a certified copy of the governing child support judgment as required by this subsection is subject to monetary sanctions, including but not limited to attorney fees, costs and disbursements. A failure to file does not affect the validity or enforceability of the governing child support judgment.
(13) This section applies to any judicial proceeding in which child support may be awarded or modified under this chapter or ORS chapter 107, 108, 109 or 416 or ORS 125.025, 419B.400, 419B.923, 419C.590 or 419C.610. [2003 c.146 §3; 2005 c.22 §15; 2005 c.83 §2]
Note: See note under 25.089.
Note: Section 1, chapter 83, Oregon Laws 2005, provides:
Sec. 1. (1) As used in this section:
(a) “Administrator” has the meaning given that term in ORS 25.010.
(b) “Child support judgment” has the meaning given that term in ORS 25.089.
(2) Notwithstanding the provisions of ORS 25.089, 25.091 and 416.448 to the contrary, the monetary support terms of a child support judgment originating under ORS 416.440 are terminated by the monetary support terms of a later-issued child support judgment of a court if:
(a) The two child support judgments involve the same obligor and child and the same period;
(b) The administrator was providing services under ORS 25.080;
(c) The later-issued child support judgment was entered before January 1, 2004;
(d) The administrator or a court gave the later-issued child support judgment precedence over the earlier-issued child support judgment originating under ORS 416.440; and
(e) All parties had an opportunity to challenge the amount of child support ordered in the later-issued child support judgment.
(3) Notwithstanding the provisions of ORS 25.091 (11) and 416.448 (7), for purposes of reconciling any monetary support arrears or credits under the two child support judgments described in subsection (2) of this section:
(a) The monetary support terms of the child support judgment originating under ORS 416.440 are deemed terminated on the effective date of the later-issued child support judgment; and
(b) Entry of the later-issued child support judgment does not affect any support payment arrearage or credit that has accrued under the earlier-issued child support judgment originating under ORS 416.440. [2005 c.83 §1; 2007 c.356 §2]
Section: Previous 25.080 25.081 25.082 25.083 25.085 25.089 25.090 25.091 25.100 25.110 25.120 25.125 25.130 25.140 25.150 NextLast modified: August 7, 2008